Premnath, Aged 31 Years v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2018

CORAM:

THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P. No.21755 of 2016 Premnath ... Petitioner vs.

State by Inspector of Police, Vellore Taluk Police Station, Vellore District.

(Crime No.63 of 2010) ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking for a direction to the respondent herein, viz the Inspector of Police, Vellore Taluk Police Station, Vellore District to alter the charge sheet by including the offence under Section 4 of the TNPPDL Act along with the other offences 452, 427, 324, 323, (2 counts) and 506 (ii) IPC read with Section 39 IPC as mentioned in the charge sheet filed in C.C.No.347 of 2011 on the file of the learned Judicial Magistrate No.1, Vellore, Vellore District.

For petitioner : Mr.L.Mahendran For respondent : Mrs.Kritika Kamal.P Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the respondent police to alter the charge sheet by including the offence under Section 4 of the TNPPDL Act along with the other offences 452, 427, 324, 323, (2 counts) and 506 (ii) IPC read with Section 39 IPC as mentioned in the charge sheet filed in C.C.No.347 of 2011 on the file of the learned Judicial Magistrate No.1, Vellore, Vellore District.

2. In view of the law laid down by the Supreme Court in Shariff Ahmed and others vs. State (NCT of Delhi) [(2009) 14 SCC 184], the direction as prayed for, by the petitioner cannot be granted.

https://hcservices.ecourts.gov.in/hcservices/

3. Accordingly, this criminal original petition is closed. Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar avr To 1.The Inspector of Police, Vellore Taluk Police Station, Vellore District.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P. No.21755 of 2016 MP(CO) RRK(22/05/18) https://hcservices.ecourts.gov.in/hcservices/